will or probate?

virgin_moneysaver

my M-i-L is not in the best of health, mid seventies, only asset she has is the house, worth about 120K, but shes on pension credit, DLA etc

she has 3 children & 10 years ago she filled out one of those self wills that you can buy in WH Smiths, she left everything to be split 3 ways with her younger son being executor as he was still living with her at the time

she's now worried as that son is now with a partner who has a very strong influence over him, along with her brother who is a bit dodgy

she now wants to change the executor to the eldest child (my hubby) - does anyone know if she has to fill out another form which she doesn't feel up to doing

or if she destroys the will - it would then go to probate I assume & would that mean that my DH would deal with it then as he is her legal next of kin?

savingsara_2

I have no legal training, but I'm sure that when you write a new Will you sign something saying you revoke all previous ones.

Between you, your MIL and your husband, could you draft up what changes she wants making then fill in the new Will form and then your MIL sign it?

When I made a Will the solicitor drew it all up (having been informed of my wishes of course) and I was left a copy of the draft to read. She later sent me two copies, one to sign and keep, and one to return to them. I had to sign it in front of witness etc.

If your MIL dies intestate (that is, without leaving a Will) things could get nasty.

Hope that helps.....

virgin_moneysaver

she can't afford a solicitor, but as her eldest would be executor & a beneficiary I didn't think he could write it out for her

savingsara_2

If you can get thru, maybe Citizens Advice Bureau could help?

virgin_moneysaver

thats a thought - thank you

Hapless_2

I think you have to write a codicil to change anything in a will.

virgin_moneysaver

but as its a self-will I don't know if you can change just the executor without redoing the whole thing

sticher

If it was a self-will who is holding the copies and was it signed by anyone official? If not could she not simply destroy the first one and do a second one? I think the best idea to keep the peace would be to have all 3 children as executors and that way there should be no arguing as everyone will know what is going on.

savingsara_2

Had a couple more thoughts throught the day.

Is there an "Older Persons Advocacy" near you? Or maybe you could contact "Age Concern". They might have some good advice to give.

margaretclare

Hi

If she goes along to CAB they will do a 'simple' will for her very cheaply i.e. the cost of a donation, a fiver maybe?

Any new will usually starts with the words 'I revoke all former wills and testaments' - that goes along with the bit about 'being of sound mind'.

Destroying a valid will won't work AFAIK - what she has to do is write a new will revoking all previous wills.

What she really wants to do is for the house to be sold following her demise and the proceeds split 3 ways. There's usually a phrase in the will about 'turning everything into cash' (in legal terminology) because obviously, if her only asset is the house then you can't chop a house up into bits and give the bits to 3 people!

Pension credit and DLA - has she considered selling up now and moving into rented sheltered accommodation? I know of several people who've done that. It could give her a better quality of life now, and she could also give away some of the money now - £3,000 a year I think.

HTH

Margaret

cotsvale

Age Concern can help with Wills, they charge but not too much. I think that you can appoint an executor through them. This helps where there are potential problem siblings. (Not saying that your iare tho')